Dismissed¶¶64

Shri v. Ganesh v State of Karnataka

Karnataka HC10 Apr 2026CRL.P/12400/2025

Case brief

AI extract

What is this about?

Karnataka High Court denies bail to accused No.4 in a multi-accused POCSO/trafficking case (Crime No.5/2024, Chikkaballapura Women P.S.; Spl.SC.(POCSO) No.63/2024): victim's S.161/S.164 Cr.P.C. statements and medical records prima facie implicate him; parity with released accused No.6 rejected; Andhra Pradesh-resident flight risk; risk of pressurising the 14-year-old victim; ancillary direction to Trial Court to expedite trial under S.35(2) POCSO with 47 witnesses pending.

What did the court decide?

The victim has clearly stated before the police as well as the learned Magistrate about the involvement of accused No.4 in the commission of the crime. ¶¶54

Shri v Ganesh Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Dismissed

¶¶64

Issue for consideration

Whether petitioner-accused No.4 should be enlarged on bail under S.439 Cr.P.C. in Crime No.5/2024 of Chikkaballapura Women P.S., trial pending as Spl.SC. (POCSO) No.63 of 2024. +1 more

¶¶24

Court's answer

The victim has clearly stated before the police as well as the learned Magistrate about the involvement of accused No.4 in the commission of the crime.

¶¶54

Ratio / Principle

Medical records of the victim demonstrate that the victim is a minor and there was sexual intercourse by accused at the instance of accused No.4.

¶¶54

Key takeaways

The charge sheet material and other material on record prima facie make out a case against accused No.4 for the commission of crime.ratio¶¶54
The offences alleged are serious in nature, punishable with imprisonment for life.ratio¶¶54
The petitioner-accused No.4 is a resident of Andhra Pradesh and it would be difficult to secure his presence for the purpose of trial if he is enlarged on bail.ratio

Detailed headnote1 paragraphs

Bail refused (CRL.P No.12400/2025, filed under S.439 Cr.P.C. / S.483 BNSS) to accused No.4 in Crime No.5/2024, Chikkaballapura Women P.S.; trial pending as Spl.SC. (POCSO) No.63 of 2024 before the Addl. Sessions Judge, Fast Track Special Court-1 (POCSO), Chikkaballapura. Charges include IPC Ss.114, 324, 504, 366A, 370, 370A, 370A(1), 370A(2), 376(2)(n), 376(3), 376(DA); POCSO Ss.4(2), 6, 17, 21; JJ Act S.75; SC/ST (Prevention of Atrocities) Ss.3(1)(w), 3(2)(v); ITPA Ss.4, 5. Victim aged about 14 years; her statements under Ss.161 and 164 Cr.P.C., the charge sheet material and medical records prima facie implicate accused No.4; offences punishable with imprisonment for life. Parity with accused No.6 (earlier granted bail by this Court on the basis of the victim's statement) rejected because here the victim clearly stated the involvement of accused No.4. Petitioner is a resident of Andhra Pradesh (difficulty of securing his presence for trial) and may pressurise the minor victim to depose falsely. 47 witnesses yet to be examined; Trial Court directed to conclude the trial expeditiously considering S.35(2) POCSO. Petition dismissed (Vijaykumar A. Patil, J., 10.04.2026).

¶1

NC: 2026:KHC:20002 CRL.P No.12400/2025

¶2

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF APRIL, 2026

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CRIMINAL PETITION NO.12400/2025 (439(Cr.PC) /

¶7

483(BNSS))

¶8

BETWEEN:

¶9

SHRI. V. GANESH S/O VENKATESH AGED ABOUT 26 YEARS R/AT. KODIKONDA VILLAGE

¶10

Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA

¶11

CHILAMATHUR MANDAL SRI SATHYA SAI DISTRICT STATE OF ANDHRA PRADESH.

¶12

…PETITIONER

¶13

(BY SRI. JAGADISH J.R. ADV.,)

¶14

AND:

¶15

STATE OF KARNATAKA BY STATE PUBLIC PROSECUTOR ALL WOMEN POLICE STATION DISTRICT CHIKKABALLAPURA BY GOVERNMENT ADVOCATE HIGH COURT OF KARNATAKA BENGALURU-560001.

¶16

SMT. PADMA .K W/O RAVI KUMAR AGED ABOUT 41 YEARS R/A NO.84, MEENA KUNTE DODDAJALA POST

¶17

¶18

NC: 2026:KHC:20002 CRL.P No.12400/2025

¶19

HC-KAR

¶20

BENGALURU NORTH TALUK BENGALURU DISTRICT-562157.

¶21

…RESPONDENTS

¶22

(BY SRI. RAHUL RAI K, HCGP FOR R1 R2 SERVED AND UNREPRESENTED)

¶23

¶24

THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.5/2024 OF THE RESPONDENT CHIKKABALLAPURA WOMEN P.S. FOR THE OFFENCE P/U/S. 114, 324, 504, 366(A), 370(A), 370 A(1), 370 A (2), 376 (3) OF IPC, AND SEC. 4(2), 6, 17, 21 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012; SEC. 75 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT 2015; SEC 3(1)(w), 3(2) (v) OF THE SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015; SEC.4, 5 OF THE IMMORAL TRAFFIC PREVENTION ACT, 1956, PENDING BEFORE THE ADDL. SESSIONS JUDGE, FAST TRACK SPECIAL COURT -1 (POCSO), AT CHIKKABALLAPURA SPL.SC. (POCSO) NO.63 OF 2024.

¶25

THIS PETITION HAVING BEEN HEARD AND RESERVED ON 08.04.2026, COMING ON FOR PRONOUNCEMENT OF ORDER, THIS DAY, THE COURT MADE THE FOLLOWING:

¶26

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

¶27

CAV JUDGMENT

¶28

This criminal petition is filed under Section 439 of the

¶29

Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.'),

¶30

by the accused No.4 in Crime No.5/2024 registered by the Chikkaballapura Women's police station seeking to enlarge

¶31

the petitioner-accused No.4 on bail.

¶32

3 - NC: 2026:KHC:20002 CRL.P No.12400/2025

¶33

HC-KAR

¶34

Sri.Jagadish J.R., learned counsel for the

¶35

petitioner submits that the petitioner is an innocent person and a resident of Andhra Pradesh. He has no connection with the family of the victim and has been falsely implicated in the case. It is submitted that the FIR and the charge sheet material do not indicate that the accused No.4 has committed the alleged offence. It is further submitted that there is delay in lodging the complaint and no reason is assigned for such enormous delay. It is also submitted that the story of the victim is self-contradictory, imaginary and spread over many months and the accused No.4 is in custody for more than 2 years and the trial has not yet commenced. Hence, he seeks to enlarge the petitioner on bail.

¶36

Per contra , learned High Court Government Pleader appearing for the State opposes the petition by contending that the accused No.4 has a vital role in the commission of crime and the charge sheet material prima

¶37

4 - NC: 2026:KHC:20002 CRL.P No.12400/2025

¶38

HC-KAR

¶39

facie indicates the commission of crime by the accused No.4. It is submitted that the alleged offences are heinous in nature and the victim being a minor, the accused No.4 is likely to commit similar offence on the victim. It is further submitted that the petitioner-accused No.4 is from

¶40

the State of Andhra Pradesh and if the bail is granted, there is a likelihood that the petitioner may abscond. Hence, he seeks to dismiss the writ petition.

¶41

I have heard the learned counsel for the petitioner, the learned High Court Government Pleader for the State and meticulously perused the material available on record including the charge sheet material.

¶42

The respondent No.1 registered Crime No.5/2024 against Shivakumar and others for the offences punishable under Sections 114, 324, 504, 366A, 370, 370A, 370A(1), 370A(2), 376(2)(n), 376(3), 376(DA) of the Indian Penal Code, 1860, the offences punishable under Sections 4(2), 6, 17 and 21 of the Protection of

¶43

5 - NC: 2026:KHC:20002 CRL.P No.12400/2025

¶44

HC-KAR

¶45

Children from Sexual Offences Act, 2012, the offences punishable under Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015, the offences punishable under Sections 3(1)(w) and 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 2015 and the offences punishable under Sections 4 and 5 of the Immoral Traffic Prevention Act, 1956. The petitioner herein was arrayed as accused No.4.

¶46

The case of the prosecution is that the respondent No.2 who is the aunt of the victim, filed a written complaint. The charge sheet material indicates that on 22.01.2024, the victim who was aged about 14 years came crying to the home of the respondent No.2 and informed that the mother of the victim and the petitioner are residing in a rented house at Bengaluru wherein the accused No.1 used to visit. It is stated that the accused No.4 used to insist the victim to accompany the accused Nos.1 and 2, for which the victim used to refuse and the accused No.4 used to beat her with a belt

¶47

6 - NC: 2026:KHC:20002 CRL.P No.12400/2025

¶48

HC-KAR

¶49

and the mother of the victim i.e. accused No.5 used to support the accused No.4 and other accused. It is made out that the accused Nos.1 and 2 took the victim to a lodge situated near the Chikkaballapura Post Office and the accused Nos.1 and 2 committed sexual intercourse on the victim despite resistance and thereafter, the victim was left to her house and the mother of the victim has received money from the accused Nos.1 and 2. The charge sheet material also indicates that the commission of sexual intercourse on the victim on different occasions by the accused persons, was at the instance of the accused No.4.

¶50

The jurisdictional police have recorded the statement of the victim under Section 161 of the Cr.P.C. on 25.01.2024 and also recorded the statement under Section 164 of the Cr.P.C. before the learned Magistrate. I have perused the statements recorded before the police as well as the learned Magistrate. The statement of the victim clearly implicates the accused No.4 for commission

¶51

7 - NC: 2026:KHC:20002 CRL.P No.12400/2025

¶52

HC-KAR

¶53

of the crime as stated in the charge sheet. The medical

¶54

records of the victim also clearly demonstrate that the victim is a minor and there was sexual intercourse by accused at the instance of accused No.4. The charge sheet material and other material on record prima facie makes out a case against the accused No.4 for the commission of crime and the offences alleged are serious in nature, punishable with imprisonment for life. It is also to be noticed that the petitioner-accused No.4 is a resident of Andhra Pradesh and it would be difficult for securing his presence for the purpose of trial if he is enlarged on bail. Insofar as granting of bail to the accused No.6 by this Court is concerned, the same is on the basis of considering the victim's statement. In the case on hand, the victim has clearly stated before the police as well as the learned Magistrate about the involvement of the accused No.4 in the commission of crime. Hence, on the ground of parity, the petitioner cannot be enlarged on bail.

¶55

8 - NC: 2026:KHC:20002 CRL.P No.12400/2025

¶56

HC-KAR

¶57

The charge sheet material prima facie makes

¶58

out a ground to believe that the accused No.4 has committed the offence and considering the nature, gravity of the offence and severity of the punishment for the charged offence, I am of the considered view that it is not a fit case to enlarge the accused No.4 on bail. It is already recorded supra that the accused No.4 is likely to flee away from the jurisdictional Court as he is a resident of Andhra Pradesh if he is enlarged on bail. Admittedly, the victim is aged about 14 years and there is a likelihood that the accused No.4 may yield pressure on the victim to depose falsely before the Court if he is enlarged on bail.

¶59

The prosecution is required to examine 47 witnesses and still the trial is not commenced. Considering Section 35(2) of the POCSO Act, the Trial Court is directed to conclude the trial as early as possible without any further delay.

¶60

NC: 2026:KHC:20002 CRL.P No.12400/2025

¶61

¶62

HC-KAR

¶63